Mitchell v. Kansas Department of Revenue

Hill, J.:

Dennis Mitchell appeals the trial court’s order affirming the Driver Control Bureau’s 1-year suspension of his commercial driver’s license. He claims that the trial court erroneously de*299termined that he was given a reasonable opportunity for an independent blood or breath alcohol concentration (BAC) test. He also argues that the trial court abused its discretion by admitting his breath test into evidence. We affirm.

The facts of this case are not in dispute. Mitchell was driving his commercial vehicle onto tire scales of a port of entry when a motor carrier inspector noticed that his…